Heffner v. Albright

Citations

• 231 Pa. 396
• 80 A. 887
• 1911 Pa. LEXIS 855

Syllabus

<p>Evidence — Judgments—Defenses—Executors and administrators^-Account — Payment—Jurisdiction, O. C: — Transcript—Jurisdiction, C. P.</p> <p>1. In settling the accounts of executors, administrators and guardians the jurisdiction of the orphans’ court is exclusive, and in a proceeding on its transcript in the common pleas, no defenses but payment and nul tiel record are available.</p> <p>2. On a scire facias to revive and continue the lien of a judgment entered in the common pleas, upon the filing of a certified transcript from the orphans’ court, showing a balance due by executors to the widow of the decedent, evidence is inadmissible to show that before the adjudication by the orphans’ court one of the executors had sold the widow six houses under a verbal agreement with her that he and his coexeeutor “were to take of such moneys as might come into their hands” as executors, the amount of the purchase price of the houses that was unpaid, the purpose of the offer, as stated by counsel, being to prove that long prior to the adjudication, the amount the widow was to be entitled to, had by the agreement mentioned, been paid her, and that nothing was then due her by the executors.</p>